Richardson & Colombo

In the matter of Richardson & Colombo, the appeal centred around the injunctions made within the context of an order for supervised time, with no direct challenge to the injunctions themselves. The maternal grandmother, who was in possession of the children, had filed an application for parenting orders following the parents’ separation and had been granted interim parenting orders. The primary Judge found that the mother had not been adequately informed of the change in the hearing date, which resulted in her not having sufficient notice of the potential final orders being made. The mother was also not given an opportunity to be heard on the issue of final orders, which was a significant point of contention.

The primary legal issue the court had to decide was whether the mother had been given sufficient notice and opportunity to be heard before final parenting orders were made. The court had to consider whether the short notice provided to the mother was in accordance with the principles of natural justice, and whether it was appropriate for the Federal Circuit Court of Australia to make final orders in the absence of a party upon such short notice. The court also had to consider the welfare and best interests of the children in determining the appropriate parenting orders.

The court found that the mother had not been given sufficient notice of the potential final orders being made on 25 February 2019, and that ordinarily the Federal Circuit Court of Australia would not make final orders in the absence of a party upon such short notice. The court held that the mother had not been given an opportunity to be heard on the issue of final orders, which was a breach of natural justice. The court also found that the welfare and best interests of the children were best served by granting the maternal grandmother final parenting orders, but with the inclusion of supervised time for the children with both parents.

The court ultimately set aside the final parenting orders made on 25 February 2019 and remitted the matter back to the Federal Circuit Court of Australia for rehearing, with specific directions to ensure that the mother was given proper notice and an opportunity to be heard before any final orders were made. The court also directed that the welfare and best interests of the children be the paramount consideration in determining the appropriate parenting orders.